Data Transfer, Clinical Trial and Market Supply Agreement Sample Contracts

DATA TRANSFER,
Data Transfer, Clinical Trial and Market Supply Agreement • March 23rd, 2000 • Intermune Pharmaceuticals Inc • Pharmaceutical preparations
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Re: Amendment No. 4 to the Data Transfer, Clinical Trial and Market Supply Agreement, dated as of January 27, 2000
Data Transfer, Clinical Trial and Market Supply Agreement • March 30th, 2007 • Intermune Inc • Pharmaceutical preparations

As you know, InterMune, Inc. (“InterMune”) and Boehringer Ingelheim Austria GmbH (“BI Austria”) are parties to that certain Data Transfer, Clinical Trial and Market Supply Agreement effective January 27, 2000, as amended effective June 19, 2002, September 18, 2003 and July 26, 2005 (the “Agreement”). This letter (this “Amendment”) will confirm our agreement to amend the Agreement as follows, effective as of the date first set forth above:

FIRST AMENDMENT TO THE DATA TRANSFER, CLINICAL TRIAL AND MARKET SUPPLY AGREEMENT
Data Transfer, Clinical Trial and Market Supply Agreement • August 13th, 2002 • Intermune Inc • Pharmaceutical preparations

In the technical protocols [*], the Parties have exchanged a work plan setting forth the development work to which they have agreed (the "Work Plan"). [*] for the work under the Work Plan are as set forth below in this Appendix D.

Contract
Data Transfer, Clinical Trial and Market Supply Agreement • November 7th, 2005 • Intermune Inc • Pharmaceutical preparations

[ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 on the Securities Exchange Act of 1934, as amended.

DATA TRANSFER, CLINICAL TRIAL AND MARKET SUPPLY AGREEMENT
Data Transfer, Clinical Trial and Market Supply Agreement • March 13th, 2006 • Intermune Inc • Pharmaceutical preparations

THIS DATA TRANSFER, CLINICAL TRIAL AND MARKET SUPPLY AGREEMENT (the “Agreement”), is made effective as of the 3rd day of November, 2005 (the “Effective Date”) by and between InterMune, Inc. (“InterMune”), a California corporation, having an address at 3280 Bayshore Boulevard, Brisbane, California 94005, USA, and Boehringer Ingelheim Austria GmbH (“BI Austria”), an Austrian corporation, having its registered office at Dr. Boehringer-Gasse 5 — 11, A-1121 Vienna, Republic of Austria. InterMune and BI Austria may be referred to herein each individually as a “Party” and jointly as the “Parties.”

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